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What is the change? The Philippines has added a new requirement for applicants converting from a temporary visitor 9(a) visa to a prearranged employment 9(g) visa.
What does the change mean? When the Alien Employment Permit is issued, applicants must submit to the Bureau of Immigration the original newspaper clippings of the list of approved AEP applications by the Department of Labor and Employment containing the name of the visa applicant and the petitioning company. If the list is unavailable, applicants must submit a certification of publication issued by the newspaper publisher.
Background: Previously, applicants converting to 9(g) visas were only required to submit a certified copy of the approved AEP to the Bureau of Immigration.
BAL Analysis: The Department of Labor and Employment has advised that it will not be providing the publications. Thus, applicants must obtain the original newspaper clippings or certification of publication issued by the newspaper publisher. To avoid potential delay in processing, employers should be aware of this new requirement.
This alert has been provided by the BAL Global Practice group and our network provider located in the Philippines.
For additional information, please contact your BAL attorney. Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – MEDIUM
What is the change? Bureau of Immigration officials have confirmed that foreign nationals may be prevented from leaving the Philippines if applications to downgrade their visas are still pending when they attempt to leave.
What does the change mean? The change does not apply to travelers with tourist visas, but other visa holders who are attempting to downgrade visas and cancel Alien Certificate of Registration Identity cards before leaving the Philippines should be sure to leave plenty of time to (1) downgrade their visas to visitors visas, (2) cancel their ACR I-cards and (3) obtain an Emigration Clearance Certificate.
Background: ACR I-cards are identification cards that contain personal information, including biometric data. The cards are used as re-entry permits, but do not replace the need for passports or visas when required. As BAL reported earlier this month, the Bureau of Immigration has said that it will not process applications to cancel ACR I-cards unless corresponding visas have been downgraded. Officials have now made it clear that immigration officers are able to access a database telling them whether a downgrading application has been filed.
BAL Analysis: Visa holders should work with BAL to ensure they have left adequate time and follow the proper steps when planning to leave the Philippines.
This alert has been provided by the BAL Global Practice group and our network provider located in the Philippines. For additional information, please contact your BAL attorney.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? The Bureau of Immigration has said it will not process applications to cancel Alien Certificate of Registration Identity Cards (ACR I-cards) unless corresponding visas have been downgraded.
What does the change mean? Foreign nationals leaving the Philippines (or cancelling their ACR I-cards for other reasons) will be required to cancel or downgrade their visas to visit visas before they can cancel their ACR I-cards. This could add to the time it takes for foreign nationals, in particular those on work visas, to leave the Philippines. The rule does not apply to ACR I-cards issued to tourist visa holders.
Background: ACR I-cards are identification cards that contain personal information, including biometric data. The cards are used as re-entry permits, but do not replace the need for passports or visas when required. Work visa holders are required to cancel their ACR I-cards when they complete an assignment in the Philippines. They are supposed to cancel their visas upon leaving as well, but under the change they will not be able to cancel their ACR I-cards without first canceling or downgrading their visa to a visit visa.
BAL Analysis: The change could add to the time it takes for some work visa holders to leave the Philippines upon completion of an assignment. BAL continues to seek information about the scope of the new rule, including whether it will apply to long-term visit visa holders as well as work visa holders.
The fallout from the Qatari diplomatic crisis continued this week, as Jordan downgraded its diplomatic ties with Doha and the Philippines placed a limited ban on workers planning on traveling to the small Persian Gulf nation. Kuwait positioned itself as a possible broker between Qatar and the Gulf Cooperation Council countries leading the initiative. The crisis has impacted not just nationals, but also residents of countries involved in the dispute, as it is unclear whether travel restrictions will apply to them.
Key points:
Background: As BAL reported Monday, the Gulf countries leading this initiative accuse Qatar of supporting terrorist groups including al-Qaeda and ISIS. Qatar’s Foreign Ministry called the accusations “baseless” and said the blockade had “no legitimate justification.” Qatar has maintained a rocky relationship with its GCC co-members for almost two decades, but the rift has widened in recent months over several issues. Qatar criticized the anti-Iran rhetoric following U.S. President Donald Trump’s speech in Saudi Arabia; soon after, the UAE and other GCC countries cut access to media from Doha-based Al Jazeera.
BAL Analysis: The steps taken by Jordan and the Philippines in response to the diplomatic crisis show that its impact is being felt widely. Kuwait and other countries have taken steps toward resolving the situation, but so far tensions remain high. The situation is evolving and may change quickly. BAL is following developments and will alert clients to any additional changes or restrictions.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
President Rodrigo Duterte has declared martial law on the island of Mindanao after government forces clashed with armed militants.
Background: Mindanao is the second largest island in the Philippines, and Davao City, in southeastern Mindanao, is the country’s largest city outside of Metropolitan Manilla. The island and the Sulu Archipelago to its west have long been security concerns. The U.S. State Department urged U.S. citizens in December of 2016 to avoid “all non-essential travel to the Sulu Archipelago and … to exercise extreme caution when traveling to the island of Mindanao, due to continued terrorist threats, insurgent activities, and kidnappings.” The U.K.’s Foreign and Commonwealth Office took note of the clashes Tuesday and advised “against all travel to western Mindanao,” saying those in affected areas should “remain indoors, monitor media reporting, and follow the advice of the Philippine authorities.”
BAL Analysis: Martial law on Mindanao is expected to last for at least 60 days. The immigration impacts are hard to predict, but it seems clear that significant portions of the island are not safe. Foreign nationals should seriously consider delaying nonessential travel to Mindanao until further notice. Those on Mindanao should exercise caution, especially in areas considered particularly dangerous. Companies with personnel on Mindanao should account for all their employees. U.S. citizens may wish to enroll in the State Department’s Smart Traveler Enrollment Program, a free service that provides updated security information and allows Americans to register their trips abroad with the closest U.S. embassy or consulate.
This alert has been provided by the BAL Global Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
What is the change? Authorities have recalled an order that had suspended the issuance of Overseas Employment Certificates (OECs) for directly hired overseas Filipino workers.
What does the change mean? Effective immediately, the Philippine Overseas Employment Administration (POEA) and the Philippine Overseas Labor Offices (POLO) will resume normal processing and issuance of OECs for all directly hired overseas Filipino workers. Before the suspension was lifted, Filipino workers looking to work overseas were forced to apply for OECs through POEA-accredited agencies.
As BAL reported, OEC processing and issuance for directly hired overseas Filipino workers were suspended this month amid reports of an investigation of anomalies in the workers’ deployment. An administrative order issued Tuesday lifted the suspension, saying the previous order was being recalled in “the interest of justice.”
BAL Analysis: The change could make it easier to obtain OECs for directly hired workers. Employers who were affected by the start dates may be able to move up their start dates, depending on their employees’ specific circumstances. OEC applications for directly hired overseas Filipino workers still must meet the requirements of the Revised POEA Rules and Regulations governing the Recruitment and Employment of Land-based Overseas Filipino Workers of 2016.
What is the change? The Bureau of Immigration has reduced operating hours. Bureau offices, including the main office and field, extension and satellite offices, will be open from 8 a.m. to 5 p.m., rather than 7 a.m. to 5:30 p.m.
What does the change mean? Anyone in need of bureau services should expect delays.
Background: The changes were announced last week and took immediate effect. The reduced hours were implemented because of budget constraints, according to news reports, and will continue unless the bureau reverses itself. Officials said offices would remain open through the lunch hour to make up for the shorter hours, but delays are nonetheless expected.
BAL Analysis: Those in need of immigration services in the Philippines should submit applications as early as possible and be prepared for delays. Given the reduced hours, it is especially important for employers to work with their BAL professional to strategize how best to obtain immigration services from Bureau of Immigration offices.
What is the change? The Philippine Overseas Employment Administration (POEA) confirmed that the issuance of Overseas Employment Certificates (OECs), or “exit passes,” for all directly hired overseas Filipino workers has been suspended pending further instruction.
What does the change mean? Until the suspension for direct hires is lifted, Filipino workers looking to work overseas must only apply for OECs through POEA-accredited agencies. The change affects not only workers who had planned to obtain an OEC, but also those who had applied for one, but which had not yet been issued.
Background: Overseas Filipino workers are required to obtain OECs before leaving the country. This is done to prevent abuse of Filipino workers abroad and to ensure that workers are properly documented when leaving the Philippines. It is not clear when the suspension will be lifted, but it could last two to four weeks or longer. Initial reports indicate that an investigation into anomalies in the deployment of directly hired overseas Filipino workers may be the reason for the suspension. A decision on when to repeal the suspension may depend on the outcome of the investigation.
BAL Analysis: The change will lead to possible delays in mobilization or relocation dates because OECs must be obtained only through accredited agencies. Processing times will likely vary from agency to agency, so it is difficult to say how serious processing delays will be.
What is the change? The annual reporting period for foreign nationals in the Philippines to report to the Bureau of Immigration began Tuesday and ends March 3.
What does the change mean? All foreign nationals holding an Alien Certificate of Registration Identity card (ACR I-card) must report to the main Bureau of Immigration office in Manila or to the appropriate branch office.
Background: Individuals who have no previous online annual report records and who are not exempt from reporting must present their original ACR I-card and their confirmation number issued via the Annual Reporting 2017 online system. Parents or legal guardians are responsible for reporting children under 14.
Some foreign nationals are exempt from in-person reporting if they personally appeared in at least one of the previous three annual reporting periods and fulfill other requirements, including proof of payment of the latest annual report fee, payment of the express lane fee for nonappearance, a special power of attorney and government-issued ID of a legal representative, presenting a valid passport, and payment of any outstanding liabilities.
BAL Analysis: Affected foreign nationals should plan to fulfil their reporting requirements as early as possible to avoid unexpected delays.
What is the change? The Bureau of Immigration has created a technical working group to review and improve existing procedures, document requirements and processing timelines with an eye toward cutting red tape in immigration services. Additionally, the bureau’s Board of Commissioners is now fully seated, with the recent appointment of two new deputy commissioners by President Rodrigo Duterte.
What does the change mean? Employers and foreign nationals applying for visas, permits and immigration-related services should benefit from these reforms once they are implemented by the technical working group.
Background: The working group will “re-evaluate, review, revise and improve the existing procedures, timeline and documentary requirements” of all Bureau of Immigration services, according to an immigration administrative order dated July 7.
In his inauguration speech June 30, Duterte directed all agency heads to simplify procedures and cut down processing times under the Anti-Red Tape Act, a 2007 law that aims to improve public services and reduce inefficiency and corruption.
BAL Analysis: The reforms will be a welcome development for companies that rely on foreign employees. The scope of the reforms will not be clear until the working group releases its report and citizen’s charter.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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About Berry Appleman & Leiden LLP Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seven offices across the U.S. and from offices in Geneva, London, Melbourne, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.
Source: Berry Appleman & Leiden LLP